DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 1-30 are allowable over the prior art of record, as discussed below. The restriction requirement among the groups of inventions, as set forth in the Office action mailed on April 30, 2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). Correcting the indefiniteness rejection places the application in condition for allowance. The restriction requirement is maintained because the nonelected claims do not require all the limitations of an allowable claim.
Drawings
The drawings are objected to because figures 9 and 18 show portions of the graph that are off the graph area. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 is construed to be indefinite because the recitations “controlled conditions” and “successfully” fail to particularly point out and distinctly claim the subject matter which the joint inventors regard as the invention. Later in the depending claims, temperature, moisture, and thawing are recited, but independent claim 1 does not give clear metes and bounds for a condition such that control can be ascertained with clarity. Also “successfully” is a subjective term that does not define the metes and bounds to which pollination and fertilization can be determined. Finally, the recitation “the movement” lacks a positive antecedent basis which is construed to be indefinite. Since claims 2-30 depend upon an indefinite claim, those claims are construed to be indefinite by dependency. Claim 10 is further construed to be indefinite because the recitations “the rate” and “the following parameters” lack a positive antecedent basis. Claim 16 is further construed to be indefinite because the recitations “the stigmas” and “the stored species” lack a positive antecedent basis. Claim 17 is further construed to be indefinite because the recitation “the full volume” lacks a positive antecedent basis. Claim 20 is further construed to be indefinite because the recitations “said thawed pollen” and “the species” lack a positive antecedent basis. Claim 23 is further construed to be indefinite because the recitation “the application” lacks a positive antecedent basis. Claim 25 is further construed to be indefinite because the recitations “the amount,” “the number,” and “the same amount” lack a positive antecedent basis. Claims 26-27 is further construed to be indefinite because the recitations “the amount,” “the number,” and/or “the same amount” lack a positive antecedent basis. Claim 29 is further construed to be indefinite because the recitation “the minimization” lacks a positive antecedent basis. Claim 30 is further construed to be indefinite because the recitation “the pollen moisture removal” lacks a positive antecedent basis.
Allowable Subject Matter
Claims 1-30 are allowable over the prior art of record because the method of preserving Poaceae with all the independently claimed features including drying and storing the Poaceae pollen wherein a portion can be used to pollinate and fertilize Poaceae plants is not found in the prior art either singly or in combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other prior art references cited with this application may teach one or more claim features but do not rise to a level of anticipation, obviousness, and/or double patenting. References A, N, O, cited with this application, are patent publications from the same inventive entity as the current application. References B, C, D, E, F, G, H, I, J, K, L, M, cited with this application teach preservation or treating methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN MICHAEL GRAVINI whose telephone number is (571)272-4875. The examiner can normally be reached M-Th 5:30 am to 5:00 (mid day flex) first F 6:00 am t0 11:00 am.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Craig Schneider can be reached at 571 272 3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN M GRAVINI/Primary Examiner, Art Unit 3753
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